CIMM Committee Meeting

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MINUTES OF PROCEEDINGS

Meeting No. 32

Monday, November 15, 2010

The Standing Committee on Citizenship and Immigration met at 3:35 p.m. this day, in Room 7-52, 131 Queen St., the Chair, David Tilson, presiding.

Members of the Committee present: Josée Beaudin, Olivia Chow, Rick Dykstra, Nina Grewal, Robert Oliphant, Thierry St-Cyr, David Tilson, Justin Trudeau, Tim Uppal, Alice Wong and Borys Wrzesnewskyj.

Acting Members present: André Bellavance for Josée Beaudin, Colin Carrie for Terence Young, Joe Preston for Terence Young and Dave Van Kesteren for Terence Young.

In attendance: House of Commons: Wayne Cole, Legislative Clerk . Library of Parliament: Daphne Keevil Harrold, Analyst ; Anna Gay, Analyst.

Witnesses: Department of Citizenship and Immigration: Brenna MacNeil, Director, Social Policy and Programs; Elaine Ménard, Legal Counsel, Legal Services.

Pursuant to the Order of Reference of Thursday, September 23, 2010, the Committee resumed consideration of Bill C-35, An Act to amend the Immigration and Refugee Protection Act.

The Committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Chair called Clause 2.

The witnesses answered questions.

On Clause 2,

Olivia Chow moved, — That Bill C-35, in Clause 2, be amended by replacing line 10 on page 1 with the following:

“shall knowingly represent or advise directly or indirectly, a person, for direct or indirect”

Debate arose thereon.

Rick Dykstra moved, — That the motion be amended by adding after the word “knowingly” the following:

“,directly or indirectly,” and by deleting the words“,directly or indirectly,” after the word “advise”

After debate, the question was put on the subamendment of Rick Dykstra and it was agreed to.

The question was put on the amendment of Olivia Chow, as amended, and it was agreed to.

By unanimous consent, it was agreed — That further amendment to line 12 on page 1 in the French version be permitted.

Rick Dykstra moved, — That Bill C-35, in Clause 2, be amended by replacing, in the French version, lines 12 and 13 on page 1 with the following:

“une personne, moyennant rétribution, relativement à une demande ou à une instance prévue”

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

At 4:35 p.m., the sitting was suspended.

At 4:36 p.m., the sitting resumed.

Thierry St-Cyr moved, — That Bill C-35, in Clause 2, be amended

(a) by replacing lines 14 to 18 on page 1 with the following:

“(2) Subject to subsection (2.1), a person does not contravene subsection (1) if they are

(a) a lawyer who is a member in good standing of a law society of a province;

(b) any other member in good standing of a law society of a province, including a paralegal; or

(2.1) In Quebec, subsection (1) does not apply to a person who is

(a) a member in good standing of the Barreau du Québec or the Chambre des notaires du Québec; or

(b) recognized as an immigration consultant under An Act respecting immigration to Québec, R.S.Q., chapter I-0.2.

(b) by replacing line 22 on page 1 to line 2 on page 2 with the following:

“law is acting under the supervision of a person mentioned in paragraph 2(a) or 2.1(a) who is”

After debate, the sitting was suspended at 4:39 p.m.

At 4:40 p.m., the sitting resumed.

The Committee resumed consideration of the amendment of Thierry St-Cyr.

At 5:00 p.m, the sitting was suspended.

At 5:05 p.m, the sitting resumed.

After further debate on the amendment of Thierry St-Cyr, at 5:06 p.m., the sitting was suspended until 3:30 p.m., Wednesday, November 17, 2010.

At 3:58 p.m., on Wednesday, November 17, 2010, the sitting resumed.

The Committee resumed consideration of the amendment of Thierry St-Cyr.

By unanimous consent, the amendment was allowed to stand.

Rick Dykstra moved, — That Bill C-35, in Clause 2, be amended by adding after line 3 on page 3 the following:

“(7.1) For greater certainty, An Act respecting immigration to Québec, R.S.Q., c. I-0.2, applies to, among other persons, every person who, in Quebec, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act and

(a) is authorized to do so under regulations made under paragraph (7)(b); or

(b) is a member of a body designated under subsection (5).”

At 4:15 p.m., the sitting was suspended.

At 4:23 p.m., the sitting resumed.

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to on division.

By unanimous consent, the Committee reverted to the consideration of the amendment of Thierry St-Cyr, previously stood, which read as follows: That Bill C-35, in Clause 2, be amended

(a) by replacing lines 14 to 18 on page 1 with the following:

“(2) Subject to subsection (2.1), a person does not contravene subsection (1) if they are

(a) a lawyer who is a member in good standing of a law society of a province;

(b) any other member in good standing of a law society of a province, including a paralegal; or

(2.1) In Quebec, subsection (1) does not apply to a person who is

(a) a member in good standing of the Barreau du Québec or the Chambre des notaires du Québec; or

(b) recognized as an immigration consultant under An Act respecting immigration to Québec, R.S.Q., chapter I-0.2.

(b) by replacing line 22 on page 1 to line 2 on page 2 with the following:

“law is acting under the supervision of a person mentioned in paragraph 2(a) or 2.1(a) who is”

After debate, the question was put on the amendment of Thierry St-Cyr and it was negatived, by a show of hands: YEAS: 3; NAYS: 7.

Rick Dykstra moved, — That Bill C-35, in Clause 2, be amended by

(a) replacing lines 15 to 18 on page 1 with the following:

“(1) if they are

(a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;

(b) any other member in good standing of a law society of a province or the Chambre des notaires du Québec, including a paralegal; or

(b) replacing line 22 on page 1 to line 2 on page 2 with the following:

“law is acting under the supervision of a person mentioned in paragraph (2)(a) who is”

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

Rick Dykstra moved, — That Bill C-35, in Clause 2, be amended by replacing, in the French version, line 4 on page 2 with the following:

“faire, relativement à une demande ou à une”

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

Rick Dykstra moved, — That Bill C-35, in Clause 2, be amended by replacing, in the French version, line 9 on page 2 with the following:

“services relativement à une demande prévue”

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

Olivia Chow moved, — That Bill C-35, in Clause 2, be amended by adding after line 15 on page 2 the following:

“(4.1) Every entity that is authorized to offer or provide services to assist persons with applications in accordance with subsection (4) is prohibited from providing substantive immigration advice or referring persons to specific consultants or lawyers for immigration advice. Every such entity shall ensure that every person it assists with an application is aware of that prohibition.”

Debate arose thereon.

At 4:45 p.m., the sitting was suspended.

At 4:52 p.m., the sitting resumed.

The Committee resumed consideration of the amendment of Olivia Chow.

Rick Dykstra moved, — That the amendment be amended by adding the word “herefore” before the word “prohibited ”

After debate, the question was put on the subamendment of Rick Dykstra and it was agreed to.

After further debate on the amendment of Olivia Chow, as amended, the sitting was suspended at 5:01 p.m.

At 5:04 p.m., the sitting resumed.

After further debate, by unanimous consent, the amendment of Olivia Chow, as amended, was withdrawn.

Olivia Chow moved, — That Bill C-35, in Clause 2, be amended by replacing lines 16 to 20 on page 2 with the following:

“(5) The Minister may, by regulation,

(a) designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act;

(b) revoke a designation of a body.”

Rick Dykstra moved, — That the amendment be amended by substituting the following:

“(5) The Minister may, by regulation, designate a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under this Act.

(5.1) For greater certainty, subsection (5) authorizes the Minister to revoke, by regulation, a designation made under that subsection.”

After debate, the question was put on the subamendment of Rick Dykstra and it was agreed to.

The question was put on the amendment of Olivia Chow, as amended, and it was agreed to.

By unanimous consent, it was agreed — That further amendment to lines, 19 and 20 on page 2 in the French version be permitted.

Rick Dykstra moved, — That Bill C-35, in Clause 2, be amended by replacing, in the French version, lines 19 and 20 on page 2 with the following:

“moyennant rétribution, relativement à une demande ou à une instance prévue par la”

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

Rick Dykstra moved, — That Bill C-35, in Clause 2, be amended by replacing lines 24 to 32 on page 2 with the following:

“out in the regulations, including information relating to its governance and information to assist the Minister to evaluate whether the designated body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice.”

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

Justin Trudeau moved, — That Bill C-35, in Clause 2, be amended by adding after line 32 on page 2 the following:

“(6.1) If the Minister is of the opinion that a body designated under subsection (5) is not acting in the public interest, the Minister may revoke its designation and may appoint a trustee to assume its functions and control its assets until such time as another body is designated under that subsection.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Justin Trudeau moved, — That Bill C-35, in Clause 2, be amended by adding after line 32 on page 2 the following:

“(6.1) The Governor in Council shall make regulations requiring the designated body to submit an annual report to Parliament for referral to the House of Commons Standing Committee on Citizenship and Immigration for study.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Justin Trudeau moved, — That Bill C-35, in Clause 2, be amended by adding after line 32 on page 2 the following:

“(6.1) The Governor in Council shall make regulations requiring the designated body to meet certain prescribed governance standards, which shall include a requirement to provide in its bylaws that it is to hold public annual meetings of its members and to present audited financial statements to its members prior to those meetings.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Rick Dykstra moved, — That Bill C-35, in Clause 2, be amended by adding after line 11 on page 3 the following:

“(9) For greater certainty, in this section, “proceeding” does not include a proceeding before a superior court.”

After debate, the question was put on the amendment of Rick Dykstra and it was agreed to.

Justin Trudeau moved, — That Bill C-35, in Clause 2, be amended by adding after line 11 on page 3 the following:

“(9) Every person who contravenes subsection (1) commits an offence and is liable

(a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years, or to both; or

(b) on summary conviction, to a fine of not more than $20,000 or to imprisonment for a term of not more than six months, or to both.”

After debate, the question was put on the amendment of Justin Trudeau and it was agreed to.

Olivia Chow moved, — That Bill C-35, in Clause 2, be amended by adding after line 11 on page 3 the following:

“(9) Every foreign national who seeks to enter or remain in Canada must disclose the use of any entity, or person acting on its behalf, that has provided services to assist the foreign national in connection with an application under this Act.”

Debate arose thereon.

At 5:29 p.m., the Committee adjourned to the call of the Chair.

Julie Lalande Prud'homme
Clerk of the Committee

2010/11/24 1:47 p.m.